PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 January 2001                  
	DOCKET NUMBER:   AR2000045893

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell 		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his record be corrected to show award of the Army Commendation Medal and the unit awards to which he is entitled.  He also requests award of the Silver Star Medal. 

3.  The applicant states that he has received the Army Commendation Medal and requests that his DD Form 214 be corrected to reflect that award.  He was informed by members of his unit at a recent reunion that he was recommended for award of the Silver Star in May of 1968.  He never received that award.

4.  The applicant’s military records show that the applicant entered on active duty on 13 July 1967, trained as medical aidman, and in December 1967 was assigned to the 1st Battalion, 50th Infantry in Vietnam.  He was awarded the Combat Medical Badge, the Purple Heart, and the Air Medal during his tour in Vietnam.  Those awards are reflected on his DD Form 214.  He was also awarded the Army Commendation Medal for meritorious service. The                 1st Battalion, 50th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions during his assignment.  Those two awards are not shown on his DD Form 214.  The applicant returned to the United States in December 1968.  He participated in six campaigns during his tour in Vietnam.  

5.  The applicant was released from active duty on 11 July 1969 in the grade     of E-5.  He had 1 year, 11 months, and 29 days of service.  His records do not reflect award of the Silver Star nor do they show a recommendation for that award.
  
6.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal (VSM) and states, in pertinent part, that the VSM is awarded to all members of the Armed Forces serving in Vietnam from 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign.  A silver star is worn instead of five bronze service stars.

7.  Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

8.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best 

provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal.  He is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Those awards should be reflected on his DD Form 214.  

2.  The applicant participated in six campaigns during his tour in Vietnam.  He is entitled to award of the Vietnam Service Medal with one silver service star and one bronze service star. 

3.  There is no record of an award of the Silver Star or a recommendation for that award.  Consequently, he is not entitled to award of the Silver Star.  If the applicant feels that he should be awarded the Silver Star, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.
 
4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with one silver service star and one bronze service star. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___emw_  ___amc__  ___dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045893	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.